SECTION 342.1. Definitions

The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

(1) Aggregate production operation--A site from which aggregates are being or have been removed or extracted from the earth, including the entire areas of extraction, stripped areas, haulage ramps, and the land on which the plant processing the raw materials is located, exclusive of any land owned or leased by the responsible party not being currently used in the production of aggregates. For the purposes of this chapter, the term aggregate production operation does not include:

(A) a site at which aggregates that are being removed or extracted from the earth are used or processed at the same site or at a related site under the control of the same responsible party for the primary purpose of production of cement or lightweight aggregates, or in a lime kiln;

(B) a site that is being used solely to provide aggregate products for use in a public works project involving the Texas Department of Transportation, any other state agency, or a local governmental entity;

(C) an extraction area from which all raw material is extracted for use as fill or for other construction uses at the same or a contiguous site;

(D) a site at which the aggregates that are being removed or extracted from the earth are used or processed for use in the construction, modification, or expansion of a solid waste facility at the site or another location;

(E) a site at which aggregates are being removed or extracted where the primary purpose of removal or extraction is not for commercial sale; or

(F) a site at which:

(i) the materials being removed or extracted from the earth are specialty stone or terrazzo-type stone removed or extracted exclusively for decorative or artistic uses; and

(ii) the portion of the specialty or terrazzo-type stone horizon that is exposed for current production for commercial sale does not exceed five acres. This portion is defined as the area exposed for current production, as viewed from an aerial perspective.

(2) Aggregates--Any commonly recognized construction material originating from an aggregate production operation from which an operator extracts dimension stone, crushed and broken limestone, crushed and broken granite, crushed and broken stone not elsewhere classified, construction sand and gravel, industrial sand, dirt, soil, or caliche. For purposes of this chapter, the term aggregates does not include clay or shale mined for use in manufacturing structural clay products.

(3) Commission--The Texas Commission on Environmental Quality.

(4) Decorative or artistic uses--Uses for ornamentation or creating artwork. This does not include uses such as construction activities, structural concrete, road construction, building facades, or mass-produced items.

(5) Extraction activities--The act of removing or extracting aggregates from the earth.

(6) Operator--Any person engaged in and responsible for the physical operation and control of the extraction of aggregates.

(7) Owner--Any person having title, wholly or partly, to the land on which an aggregate production operation exists or has existed.

(8) Responsible party--The operator, lessor, or owner who is responsible for the overall function and operation of an aggregate production operation.

(9) Site--One or more contiguous or adjacent properties under common control by the same responsible party.

(10) Specialty stone--Stone that occurs in limited quantity, that is extracted for its unique and naturally occurring color, texture, opacity, or luster, and shall not include attributes commonly found in aggregates.

(11) Terrazzo-type stone--Stone that is incorporated into mortar or other similar wet binding agent used to create mosaic designs, images, pictures, or patterns.

Source Note: The provisions of this §342.1 adopted to be effective July 5, 2012, 37 TexReg 4944; amended to be effective June 12, 2019, 44 TexReg 2840